Article III. Establishing of the Court
1.10.080 Judges selection, qualifications and terms.
(a) Administration of the Court System. The Chief Judge will have the responsibility of administering the court system. The court system will consist of a trial division and an Appellate Court which shall be the highest judicial body of the Tribe. The Chief Judge will have the responsibility of making judicial assignments, including constituting all of the Court’s hearing panels. The Chief Judge may from time to time appoint additional administrative judges with limited scope of responsibility that will be set out at the time of appointment.
(b) Number of Judges. The Court may, if necessary and at a time in the future, have a total of nine judges. The Chief Judge shall make all judicial assignments; except that no judge having heard a Trial Court matter may act as a voting member of the panel hearing the appeal of that trial matter for the Appellate Court.
(c) Appointment of Cultural Advisor. The Chief Judge or any trial judge may appoint a cultural advisor to assist in the deliberations of the Court. Said advisor will be presented with a list of questions; they may answer those questions in writing or in a hearing as the advisor prefers. Any party or the Court may ask questions of clarification of the cultural advisor. The cultural advisor shall be a Yurok Tribal member with a knowledge of Yurok culture and history.
(d) Qualifications of Judges. Whenever possible, the Chief Judge may be an enrolled member of the Yurok Tribe. Non-Yuroks may be appointed to the Court, but no more than two non-Yuroks may be appointed to serve at any one time. At least two of the judicial officers must be over the age of 55. All candidates for judicial appointment must:
(1) Agree to submit to a background investigation which shall be conducted by Tribal Law enforcement;
(2) Be at least 25 years of age;
(3) Have not suffered a conviction for a crime that would cause doubt on the suitability of said person to act as a judicial officer;
(4) Have knowledge of or willingness to gain a working understanding of the laws applicable to the Courts of the Yurok Tribe, as well as a knowledge of Yurok history;
(5) Demonstrate a commitment to uphold the sovereignty of the Yurok Tribe and the integrity of the Courts of the Tribe;
(6) Possess good moral character and adhere to the high moral standard expected of those in such a position.
(e) Term of Appointment. The Chief Judge’s appointment shall be for the term of three years. All other judges shall be appointed for the term of three years. Judges may be appointed for consecutive terms.
(f) Appointment. All regularly constituted judges, not including administrative hearing officers, shall be presented to the Tribal Council by the recommendation of the Chief Judge. If the office of Chief Judge is vacant then the Tribal Council must act to fill that office pursuant to rules they enact. The Chief Judge must certify to the Tribal Council that the applicant has satisfied the requirements of this chapter. Once the Council approves the appointment of a judge, and that judge is sworn into office, the judge will assume all the responsibilities of their office.
(g) Conflicts of Interest. A judge should disqualify herself or himself in a proceeding in which the judge’s impartiality might reasonably be questioned, including but not limited to instances where:
(1) The judge has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding;
(2) The judge served as a lawyer in the matter in controversy, or a lawyer with whom the judge previously practiced law served during such association as a lawyer concerning the matter, or the judge or such lawyer has been a material witness concerning it;
(3) The judge knows that he or she, individually or as a fiduciary, or the judge’s spouse or minor child residing in the judge’s household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding;
(4) The judge or the judge’s spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person:
(A) Is a party to the proceeding, or an officer, director, or trustee of a party;
(B) Is acting as a lawyer in the proceeding;
(C) Is known by the judge to have an interest that could be substantially affected by the outcome of the proceeding;
(D) Is to the judge’s knowledge likely to be a material witness in the proceeding.
(h) Removal from Office. A judicial officer may be removed from office for cause by the recommendation of the Chief Judge if the recommendation is approved by two-thirds of the elected Tribal Council. The Chief Judge may be removed from office by two-thirds of the elected Tribal Council. A judge subject to a removal vote may ask for a hearing prior to the vote. A removal vote is final. [Ord. 17 § 3 (3.1), adopted, 3/26/2008.]